ILLINOIS POLLUTION CONTROL BOARD
June 5, 1997
GORD LEONARD UNION 76,
INCORPORATED,
Petitioner,
v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,
Respondent.
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PCB 97-211
(UST - Reimbursement)
ORDER OF THE BOARD (by C.A. Manning):
On May 23, 1997
Gord Leonard Union 76, Inc. (petitioner)
filed a petition for review of
an Illinois Environmental Protection Agency (Agency) final reimbursement determination from
the Underground Storage Tank Fund. The Agency issued a final reimbursement decision on
April 22, 1997, accompanied by Attachment A which contained the stated reasons for
deductions. The final determination concerns
petitioner’s
site located at 696 Central Avenue,
Highland Park, Lake County, Illinois. This matter is accepted for hearing.
The assigned hearing officer shall inform the Clerk of the Board of the time and
location of the hearing at least 30 days in advance of hearing so that a 21-day public notice of
hearing may be published. After hearing, the hearing officer shall submit an exhibit list, a
statement regarding credibility of witnesses, and all exhibits to the Board within five days of
the hearing.
Any briefing schedule shall provide for final filings as expeditiously as possible and, in
time-limited cases, no later than 30 days prior to the decision due date, which is the final
regularly scheduled Board meeting date on or before the statutory or deferred decision
deadline. Absent any future waivers of the decision deadline, the statutory decision deadline is
now September 20, 1997 (120 days from May 23, 1997). The Board meeting immediately
preceding the decision deadline is scheduled for September 18, 1997.
If after appropriate consultation with the parties, the parties fail to provide an
acceptable hearing date or if after an attempt the hearing officer is unable to consult with the
parties, the hearing officer shall unilaterally set a hearing date in conformance with the
schedule above. The hearing officer and the parties are encouraged to expedite this proceeding
as much as possible. The Board notes that Board rules (35 Ill. Adm. Code 105.102) require
the Agency to file the entire Agency record of the reimbursement application within 14 days of
notice of the petition.
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IT IS SO ORDERED.
I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above order was adopted on the 5th day of June 1997, by a vote of 7-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board